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(영문) 서울동부지방법원 2018.08.17 2018노647
상해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts) did not inflict an injury on the victim as stated in the facts charged of this case.

B. The prosecutor (unlawful in sentencing)’s sentence (1.5 million won in penalty) sentenced by the lower court is too unhued and unfair.

2. Determination

A. As to the Defendant’s assertion, the lower court also asserted as above in the trial, and the lower court, based on the evidence duly admitted and examined, found the Defendant guilty of the instant facts charged.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is an error of law by misunderstanding facts as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

B. In full view of the reasons for sentencing indicated in the Prosecutor’s argument in the instant case’s record, the lower court’s sentencing against the Defendant appears to have been appropriately determined by fully taking into account all the circumstances, including various sentencing grounds asserted by the Prosecutor, and no special circumstance exists to the extent that the lower court’s sentence is modified.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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